Department of Health

Update on organ donation in England

Jackie Doyle-Price: In October 2017, the Prime Minister announced the Government’s intention to change the law on organ donation in England by introducing the principle of “opt-out consent”, in a bid to save the lives of the 6,500 people currently waiting for an organ transplant.Today the Government has launched a consultation to begin an open conversation about this change to opt-out organ donation, including how to encourage more conversations about personal decisions and what role families should have when their relative has consented to donate.Currently, 80 percent of people say they would be willing to donate their organs but only 36 percent register to become an organ donor. Three people die every day in need of a suitable organ. Figures from NHS Blood and Transplant show that around 1100 families in the UK decided not to allow organ donation because they were unsure, or did not know whether their relatives would have wanted to donate an organ or not. The Government’s intention is that changing the system to an opt-out model of consent will mean more viable organs become available for use in the NHS, potentially saving thousands of lives.The consultation is open for the next three months, providing an opportunity for as many people as possible in England to give their views, including people from religious groups, patient groups, the clinical transplant community, and black, Asian and other minority communities.It is important to ensure that moving to an opt-out system of consent will honour a person’s decision on what happens to their body after death, and the consultation seeks views on how we can make sure this is the case.The consultation also seeks views on a number of related issues, including ways in which it can be made easier for people to register their decision on organ and tissue donation. The consultation invites views on the potential impact proposals could have on certain groups who have protected characteristics in law such as disability, race, religion or belief. Questions are asked to help determine how family members should be involved in confirming decisions in future. The Government also proposes a number of exclusions and safeguards to the general rule of consent under the proposed new system. This includes the position of children, people with limited mental capacity, the armed forces and temporary residents.The consultation is available at https://www.gov.uk/government/consultations/introducing-opt-out-consent-for-organ-and-tissue-donation-in-england . An Impact Assessment has been published alongside the consultation and can be accessed in the same place as the link above on gov.uk and is also attached.The outcome of the consultation will inform the Government’s next steps and its proposals for legislation to bring the new system of consent into effect.



Impact Assessment
(PDF Document, 706.68 KB)





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Ministry of Defence

Afghanistan - Locally Employed Staff

Mark Lancaster: In June 2013, the Government decided that it would draw down employment of its Locally Employed Staff in Afghanistan by the end of 2017 and put policies in place to support those affected. I am responsible for overseeing and assuring the delivery of these policies on behalf of the interested Government Departments. In terms of the implementation of these policies, the Ministry of Defence will have made the last of its local staff redundant by the end of the year, allowing them to access one of the three generous packages under our Ex-Gratia Redundancy scheme: these comprise financial support for 18 months, training and financial support for five years, or, for those in eligible roles, relocation to the UK. So far, over 800 former staff have benefitted from one of our redundancy options. Under the training offer some of our local staff are studying to be doctors or lawyers, completing their high school education, or improving their English language skills. In some cases, former staff members have chosen to gift their training to a family member, which has in many cases provided wives and daughters with the opportunity for further education or upskilling. These individuals will be better placed to play their part in working for a brighter future for their country. The scheme has relocated more than 385 former staff and their families to the UK, and we expect around another 60 families to relocate over the next year or so. Of the 385, 12 individuals received Ex-Gratia compensation payments for injuries they sustained whilst working with UK forces. These were paid before they had decided to relocate to the UK and, some months ago, we initiated work to review the payments to adjust them for the different economic conditions of life in the UK. These were extremely brave people who worked alongside our soldiers on patrol, and who in some cases suffered profoundly life-changing injuries as a result of improvised explosive devices or small arms fire. The UK Government recognises that it has a special debt of gratitude to these individuals and we aim to complete this review by the spring of next year, giving priority to the more severely disabled cases.Additionally, our Intimidation Policy continues to support all former staff who experience intimidation within Afghanistan as a result of their employment with the UK. This policy is delivered by an expert team based in Kabul, including a member of either the Home Office Constabulary or MOD Police to investigate the claims. This dedicated team has now assisted over 400 staff by providing bespoke security advice and, in over 30 cases, funding relocations to safe areas within Afghanistan. The level of intimidation faced has not so far been such that an individual has had to be relocated to the UK in order to ensure their safety. However, the changing security position in Afghanistan is kept under careful review. The Government remains confident that the UK’s arrangements for addressing intimidation concerns meet our commitment to protect our former locally employed staff and we have taken a number of steps to assure these arrangements. Notably, I chair a cross-Government Locally Employed Civilian Assurance Committee. This plays a valuable role in scrutinising the application of the Intimidation Policy and ensuring that it is effectively administered and that Afghan staff who feel threatened due to their employment by the UK are properly supported. Members include peers from the House of Lords, a suitably experienced Police detective, and a former local staff member who provides invaluable insight and advice. More recently, we have also welcomed the former Chief of Defence Staff, Lord Stirrup, and the Bishop of Colchester into our ranks. The Committee has met five times, most recently looking at the line between what justifies relocation within Afghanistan and to the UK, and at whether our Intimidation Investigation Unit makes a reasonable assessment of the danger to an individual when the intimidation concern is first raised with the Unit. The 14 cases that have been reviewed by the Committee to date demonstrate that the intimidation policy was effectively applied on these occasions. We recognise that this is a relatively small sample and will continue to review cases until we are confident that we have reasonable evidence that the policy is being properly applied. The Department has accepted a number of areas where arrangements need to be fine-tuned and has taken action accordingly. The Committee has also kept under review the security situation in Afghanistan as it relates to the risk of intimidation and the viability of mitigation measures. No issues have so far been raised in this respect.   As an additional layer of assurance, a barrister from outside the Department, and more recently a member of the Government Legal Service, have continued to conduct regular reviews of at least 20% of closed intimidation cases to ensure that the decisions are robust. The most recent review took place in November this year and concluded that the decisions taken by the investigation unit are fair and appropriate. It is the Government’s belief that our Ex-Gratia Redundancy Scheme and Intimidation Policy remain fit for purpose and properly meet our responsibilities to men and women who played such an important part in our efforts to bring peace and security to Afghanistan.

Department for Digital, Culture, Media and Sport

Post-Council Written Ministerial Statement for Telecoms, Transport and Energy Council

Karen Bradley: The Telecoms, Transport and Energy (TTE) Council took place in Brussels on 4 and 5 December 2017. The UK’s Deputy Permanent Representative to the EU represented the interests of the UK at the Telecoms session of this Council, which took place on 4 December. TelecomsThe Member States unanimously agreed a General Approach on the proposals laying down the renegotiated regulatory framework for the Body of European Regulators for Electronic Communications (BEREC). This was the only item put forward by the Presidency for which a formal agreement was required. A scrutiny waiver was secured from the European Scrutiny Committee (House of Commons), and the European Union Committee (House of Lords) had cleared this item from scrutiny ahead of the Council. The main policy debate at the Council centred on the Commission's Initiative on the Free Flow of Data proposal. The Commission’s aim is for this file to be completed by mid-2018, and there was significant support from most member states for work to be expedited, with the expectation that an informal mandate for trilogue discussions could be agreed at Coreper on 20 December. The Council agreed a 5G Spectrum Roadmap, a non-binding document which sets out milestones for the release of Spectrum necessary for enabling 5G technologies. The UK agreed with the proposed timetable. The Presidency also provided a progress update on the e-Privacy regulation information on the progress of the European Electronic Communications Code (EECC). Council conclusions were adopted on the review of the EU Cybersecurity Strategy and draft Council Action Plan for their implementation. The UK supported their adoption. OtherThe Council received information from the Bulgarian delegation, as the incoming presidency for the first half of 2018, setting out their work programme for the next six months. They highlighted a number of priorities for their presidency, aimed primarily at moving the Digital Single Market agenda forward during 2018 including:Proceeding with informal trilogue discussions with the European Parliament on the proposal for EECC;Reaching political agreement on BEREC, advancing the discussions at this CouncilContinue to to progress both Free Flow of Fata , e-Privacy and Cybersecurity. The next Council is scheduled for 7-8 June 2018 with Telecoms expected to take place on 8 June.

Department for Transport

EU Transport Council

Chris Grayling: I attended the only formal Transport Council under the Estonian Presidency (the Presidency) in Brussels on Tuesday 5th December.First, the Council noted the Presidency’s progress report, summarising discussions to date at official level, on Phase One of the Mobility Package. Work has focused on proposals designed to improve the clarity and enforcement of the EU road transport market (the 'market pillar') and proposals on the application of social legislation in road transport (the 'social pillar'). I broadly supported the progress made, emphasised the UK’s commitment to a constructive safety-first approach to updating the rules, but also registered concerns over the proposed extension of scope of part of the regulations to small vans.Following this, the Council adopted three sets of Council Conclusions: on progress in Trans-European Network-Transport (TEN-T) and Connecting Europe Facility (CEF), the Digitalisation of Transport, and the mid-term evaluation of Galileo, EGNOS and European GNSS Agency.Next, the Presidency held a policy debate on the “road charging pillar” of the Mobility Package. The proposals to amend the existing Directives on HGV road tolls and user charges ('Eurovignette') and the interoperability of electronic road toll systems ('EETS') set out rules for charging vehicles using the road (but do not mandate such charging) and promote better functioning of charging across national barriers. The UK broadly welcomed provisions on improving the functioning and enforcement of electronic road tolling systems. However, the UK said we were opposed to proposals to broaden the scope of EU charging rules to include cars, and had concerns about the proposed phasing-out of time-based road charging and measures mandating hypothecation of revenues from congestion charging.Following this, the Council noted the Presidency’s progress report on official level discussions on Safeguarding Competition in Air Transport. The UK did not dispute the need for fair competition but urged caution on proposals for regulatory measures; it was important to avoid potential negative impacts on the liberalised aviation market, connectivity, consumers, and Member States’ bilateral aviation agreements with third countries.Under Any Other Business, several items were discussed. Notably, Commissioner Bulc presented the Commission’s recently published second phase of the Mobility Package, provided an update on the implementation of the extensive Aviation Strategy, alongside a Communication on Military Mobility, and noted progress on rail passenger rights negotiations; Finland called for reconsideration of the Summertime Directive; Germany updated on the second high-level group on automated and connected cars; Poland drew attention to the 2018 International Maritime Days; France promoted her proposed declaration at the upcoming “one planet” summit calling on the IMO to adopt an ambitious strategy for the decarbonisation of international shipping; and Bulgaria presented transport plans for her incoming Presidency of the Council of the European Union.


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Department for Environment, Food and Rural Affairs

Animal Welfare

Michael Gove: I am delighted to publish today a draft Animal Welfare (Sentencing and Recognition of Sentience) Bill which will reflect the principle of animal sentience in domestic law and increase maximum sentences for animal cruelty tenfold, from six months to five years in England and Wales.This draft Bill will embed the principle that animals are sentient beings, capable of feeling pain and pleasure, more clearly than ever before in domestic law. There was never any question that our policies on animal welfare are driven by the fact that animals are sentient beings, and I am keen to reinforce this in legislation as we leave the EU.The Government is committed to raising animal welfare standards, and to ensuring animals will not lose any recognitions or protections once we leave the EU. The draft Bill I am publishing makes our recognition of animal sentience clear. It contains an obligation, directed towards government, to pay regard to the welfare needs of animals when formulating and implementing government policy.This provision does not apply to Ministers in the devolved governments of Wales, Scotland and Northern Ireland. I look forward to working closely with my devolved colleagues and I will be exploring with them the best way forward on this important matter, including whether they wish to take a similar or different approach.In addition we will not tolerate cruelty against animals and we will give the courts the tools they need to deal with abhorrent acts of animal cruelty. This draft Bill increases the maximum penalty for animal welfare offences in the Animal Welfare Act 2006 from six months to five years’ imprisonment.This applies to the most serious offences under the Act – causing unnecessary suffering, illegally mutilating an animal, illegally docking a dog’s tail, illegal poisoning and encouraging an animal fight. My proposed increased maximum penalties will also apply to convictions relating to attacks on service animals, including guide dogs, police and military dogs. This provision will apply in England and Wales.The draft Bill that I am publishing today is subject to a seven week consultation, ending on 31st January. It is part of a wider programme to deliver world-leading standards of animal welfare in the years ahead. We are making CCTV mandatory in slaughterhouses, banning plastic microbeads which harm marine life, and have set out proposals for a total ban on ivory sales which contribute to the poaching of elephants. This is the start of our ambition to set a global gold standard for animal welfare as we leave the EU.


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